SMT. SUMAN SHARMA W/O RAJENDRA KUAMR SHARMA v. KAMAL SINGH S/O SAYAR SINGH
CMA/31/2019 · 2025-10-14
Ganesh Ram Meena
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 39300 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39300 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:41875] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 31/2019
1. Smt. Suman Sharma W/o Rajendra Kuamr Sharma, Aged About 58 Years, (Died And Deleted) R/o Virat Nagar Shahpura District Jaipur
2. Lalit Kumar S/o Rajendra Kumar Sharma, Aged About 37 Years, R/o Virat Nagar Shahpura District Jaipur
3. Ms. Geetanjali Sharma D/o Rajendra Kumar Sharma, Aged About 36 Years, R/o Virat Nagar Shahpura District Jaipur
4. Ms. Sonila Sharma D/o Rajendra Kumar Sharma, Aged About 31 Years, R/o Virat Nagar Shahpura District Jaipur ----Claimants Appellants Versus
1. Kamal Singh S/o Sayar Singh, (Deleted)
2. Rajendra Singh S/o Tara Chand, R/o 8/391 Housing Board Hanumangarh District Hanumangarh (Raj) (Owner)
3. The National Insurance Company Limited, Regional Office Near Jyoti Nagar Turn Bhawani Singh Road Jaipur (Raj) Through Regional Manager (Ins. Co.) ----Non-claimants- Respondents For Appellant(s) : Mr. Kapil Sharma For Respondent(s) : Mr. Lokesh Parihar HON'BLE MR. JUSTICE GANESH RAM MEENA
Order 14/10/2025
1. The present civil misc. appeal has been filed by the claimants appellants for enhancement of the compensation amount which has been modified by the Court of Motor Accident Claims Tribunal & Essential Commodities Act, Jaipur Metropolitan, Jaipur (for short ‘the learned Tribunal’) vide its judgment and award dated 25.04.2017 in Motor Accident Case No.241/2004
[2025:RJ-JP:41875] (2 of 3) [CMA-31/2019] (233/2000) in furtherance of the judgment and award dated
27.07.2004.
2. At the very outset, the learned counsel appearing for respondent No.3- The National Insurance Company Ltd., which has been held to be liable for paying the compensation amount jointly and severally, on instruction from the Company proposed to pay an additional amount of Rs.1,00,000/- as enhanced amount.
3.
Learned counsel appearing for the claimants appellants agrees to the proposal made by learned counsel for respondent No.3- The National Insurance Company Ltd.
4. Having regard to the proposal made by learned counsel for respondent No.3- The National Insurance Company Ltd. and the agreement to the said proposal by the learned counsel for the claimants appellants, the present civil misc. appeal deserves to be
disposed of in terms of the amicable settlement that is the proposal and acceptance by the learned counsels for the parties.
5. In view of the above, the present civil misc. appeal is
disposed of as under:
(A) The total compensation amount as awarded by the learned Tribunal is enhanced with the additional amount of Rs.1,00,000/-. (B) The interest on the enhanced amount shall be payable as per the terms and conditions of the judgment and award passed by the learned Tribunal, who has awarded the amount of compensation. (C) On depositing the enhanced amount with interest, the total 50% of the enhanced amount with interest shall be kept in the FDR in the name of the claimants appellants for a period of
[2025:RJ-JP:41875] (3 of 3) [CMA-31/2019] three years and remaining 50% of the enhanced amount with interest may be disbursed to the claimants appellants.
6. All other pending application(s), if any, also stand
disposed of.
7. Record of the learned Tribunal be sent back.
(GANESH RAM MEENA),J ARTI SHARMA/Sudha /82